E-SIGN CONSENT AGREEMENT
Effective Date: July 27, 2018
Notice and Consent to use Electronic Communications and E-signatures
As part of your relationship with us, we want to ensure you have all of the information you need to effectively manage your accounts. Our goal is to provide you with as many options as possible for receiving your account documents. We are required by law to give you certain information “in writing” – which means you are entitled to receive it on paper. We may provide this information to you electronically, instead, with your prior consent under the Electronic Signatures in Global and National Commerce Act. We also need your general consent to use electronic records and signatures in our relationship with you. So, before you use our Electronic Services you must review and consent to the terms outlined below.
For purposes of this Notice and Consent to use Electronic Communications and E-Signatures (“Consent”), the following terms have the following meanings.
- “We,” “us,” “our” and “Constant Energy Capital” means Constant Energy Capital Management, Inc., and each and every current and future affiliate of Constant Energy Capital Management, Inc.
- “You” and “your” means the person giving this consent, and also each additional account owner, co-signer, authorized signer, authorized representative, and/or service user identified on any Constant Energy Capital Product (see below) that you apply for, use or access, all of whom will be deemed to have consented.
- “Communication” means each disclosure, notice, agreement, fee schedule, statement, record, document, and any other document, record or information that we or our third-party servicers provide to you, or that you sign, submit or agree to at our request. The word includes, but is not limited to, any and all current and future notices and/or disclosures that various federal and/or state laws or regulations require and that we provide to you relating to any documents you sign, as well as such other documents, statements, data, records and any other communications regarding your relationship with Constant Energy Capital.
- “Constant Energy Capital Product(s)” means each and every loan, account, product or service we offer or that you apply for, own, use, administer or access, either now or in the future and either electronically or in paper or other hardcopy form.
- “Electronic Communication” or “Electronic Media” means electronic mail (“email”), our website (https://www.constantenergy.com), the Internet, text messaging, software applications or other means of sending to you, delivering to you, or receiving from you Communications by electronic or digital methods that are not in paper or other hardcopy form and that are not sent by regular mail.
- “E-signature” means an electronic sound, symbol, or process attached to or logically associated with a contract or other document and executed or adopted by you with the intent to indicate your agreement instead of using a hand-written signature on paper in ink.
- The words “include” and “including,” when used at the beginning of a list of one or more items, indicates that the list contains examples; it is not exclusive or exhaustive, and the items in the list are only illustrations. The listed items are not the only possible items.
- Consent to Electronic CommunicationsYou specifically agree to receive and/or obtain any and all Constant Energy Capital-related Communications by Electronic Media, including Communications related to Constant Energy Capital Product(s) from our third-party servicers. You specifically consent to receive Communications by email, the Internet, or by other Electronic Media regarding your account and other Constant Energy Capital Products instead of in paper or other hardcopy form by regular mail.
Except as noted below, or otherwise at our discretion, communications will not be furnished on paper.
Your consent will apply to all Communications relating to your account or other Constant Energy Capital Products, including monthly billing statements, and any disclosures that are required by law to be in writing, including, without limitation, Truth In Lending Act disclosures and tax forms.
You hereby agree to accept Electronic Communications provided via https://www.constantnergy.com or by other Electronic Media as reasonable, proper, and sufficient notice for the purpose of any and all laws, rules, and regulations, and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep.
- Time of Your ConsentYour consent covers all Communications relating to any Constant Energy Capital Products at any time until you give us notice that you are withdrawing it. From time to time, you may seek to obtain a new Constant Energy Capital Product from us. When you do, we may remind you that you have already given us your consent to use Electronic Communications and signatures. If you decide not to use Electronic Communications and signatures in connection with the new Product and notify us, your decision does not mean you have withdrawn this consent for any other Constant Energy Capital Product.
- Revocation of ConsentYou have the right to withdraw your consent to receive, obtain, or send Electronic Communications or to otherwise use Electronic Media at any time. You acknowledge that Constant Energy Capital reserves the right to restrict or terminate your access to our website if you withdraw your consent. If you wish to withdraw your consent, contact us at 1-800-538-6083 or write to us at: Constant Energy Capital, 202 US Route 1, Suite 102, Falmouth, ME 04105. Your withdrawal of consent will become effective after we have received it and had a reasonable opportunity to act upon it.
- Email NotificationsConstant Energy Capital may notify you through email or text messaging when an Electronic Communication or an updated agreement pertaining to www.constantenergy.com is available. Constant Energy Capital may also use www.constantenergy.com for Electronic Communications. It is your responsibility to check www.constantenergy.com regularly for Electronic Communications and for updates to this Consent.
- Paper Version of Electronic CommunicationsYou may request a paper version of any Electronic Communication. You acknowledge that Constant Energy Capital reserves the right to charge you a reasonable fee for the production and mailing of paper versions of any Electronic Communications, unless charging a fee is prohibited by applicable law. To request a paper copy of an Electronic Communication, contact us at 1-800-538-6083.
- Valid and Current Contact InformationYou agree to keep Constant Energy Capital informed of any changes in your email address. You may modify your email address by calling us at 1-800-538-6083. If you have given us another type of electronic contact information, such as an electronic address or mobile telephone number for text messaging, then you may change the information by signing into your online account.
- Controlling AgreementThis Consent supplements and modifies any other agreements that you may have with Constant Energy Capital on the topics discussed herein. To the extent that this Consent and another agreement contain conflicting provisions, the provisions in this Consent will take precedence unless the other agreement has terms for electronic service that specify the necessary hardware, software or operating system, in which case those terms of the other agreement control. All other obligations of the parties remain subject to the terms and conditions of the applicable agreement(s).
- Hardware, Software, and Operating System RequirementsYou must be able to view, print, and retain information presented on a computer, tablet, or other mobile device (“hardware” or “device”) screen in order to participate in Electronic Communications and to provide E-signatures.
You will need to be able to view Hyper Text Markup Language (HTML) files and to read Adobe PDF files. If you are not able to read PDF documents, please install Adobe Acrobat Reader on your computer. It can be downloaded for free at http://www.adobe.com/products/acrobat/readstep2.html .
Your computer web browser must meet one of the following requirements and have access to the Internet.
- Google Chrome latest version;
- Mozilla Firefox latest version;
- Safari latest version and on Mac OS X 1.6+;
- Internet Explorer version 11 or higher; or
- Edge latest version.
- Your mobile devices must meet the following web browser requirements and be covered by a data plan issued by a wireless carrier, unless you intend to use them solely with wi-fi Internet access.
- Chrome for Android;
- Safari on iPhone; or
- Safari on tablet.
- Changes to Hardware or Software RequirementsIf our hardware or software requirements change, and that change would create a material risk that you would not be able to engage in, access, or retain Electronic Communications, we will give you notice of the revised requirements. By continuing to use or accept Electronic Communications after receiving notice of the change is reaffirmation of your consent to them.
- Acknowledgement and Acceptance: E-signaturesBy selecting the “I AGREE” button, you acknowledge that you have read, understand, and agree to all of the following statements.
- You are voluntarily choosing to use an E-signature to indicate your agreement to Constant Energy Capital electronic documents.
- Your E-signature will bind you to the terms and conditions to which you agree to the same extent as if you signed your Constant Energy Capital documents on paper with an inked signature.
- No certification authority or other third-party verification is necessary to validate your E-signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of any document you sign using your E-signature.
- You have the right to withhold your consent to the use of Electronic Communications and E-signatures and that you have the right to withdraw your consent at any time prior to completing the E-sign process. Please be aware, however, that withdrawal of consent may result in the termination of your access to and use of Constant Energy Capital Products by Electronic Media.
- Acknowledgement and Acceptance: Hardware and SoftwareBy selecting the “I AGREE” button, you acknowledge that you have read, understand, and agree to all of the following statements.
- You are able to view and read Hyper Text Markup Language (HTML) files.
- You are able to view and read Adobe PDF files.
- You have the necessary working hardware/devices and software, as specified above.
- You have an active email account and a working associated email address.
- By viewing and accepting this Consent on any hardware/device, you are reasonably demonstrating your ability to access and view Electronic Communications in the formats provided on that hardware/device and on all subsequent hardware/devices.
- If you change hardware/devices (or use multiple hardware/devices), it is your responsibility to ensure that the new hardware/device meets the requirements in this Consent and that you are still able to access, view, and use Electronic Communications.
- You can print this Consent on paper, or save it to a place where you can print it, for future reference and access.
- Acknowledgement and Acceptance: MiscellaneousBy selecting the “I AGREE” button, you acknowledge that you have read, understand, and agree to all of the following statements.
- You can access and read this Notice and Consent regarding Electronic Communications and E-signatures.
- The documents we present on our website or by other Electronic Media will replace the use of paper documents.
- Your acceptance of this Consent on one hardware/device constitutes your acceptance on all hardware/devices you use. For example, if you view and accept this Consent on a mobile telephone, the terms of this Consent will apply to your use of a computer or tablet (or vice versa).
- You consent to all of the terms and conditions of this Consent.
- You are authorized to, and do consent on behalf of, all the other account owners, authorized signers, authorized representatives, and service users identified with your Constant Energy Capital Products.
It is recommended that you print a copy of this Consent and any important Electronic Communications for future reference.
Constant Energy Capital Management, Inc.